Patna High Court
Afzal HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, Afzal Hussain, Kausher Ali and Sahana Khatoon, feared arrest in a Gopalganj police case (No.330 of 2024) where they were alleged to have stabbed the victim and assaulted her with a brick under IPC sections 341, 323, 324, 307, 504 and 506/34. They pleaded innocence, claiming false implication, and sought anticipatory bail. The State opposed the bail, but the court noted that the injury caused by the third petitioner was simple and the investigation was still ongoing, with a possibility of exoneration. Accordingly, the court granted anticipatory bail until the charge‑sheet is filed, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 438(2) CrPC/Section 482. The bail may be cancelled if the petitioners fail to cooperate with the investigation, and they may file a fresh application if aggrieved by the charge‑sheet.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC given the allegations under IPC sections 341, 323, 324, 307, 504 and 506/34 and the status of the investigation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- assault
- stabbing
- bail conditions
- criminal investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76607 of 2024
Arising Out of PS. Case No.-330 Year-2024 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
1. Afzal Hussain S/o Akram Miyan Resident of village- Inderwan Sakir, PS-
Gopalganj, Distt.- Gopalganj
2. Kausher Ali S/o Akram Miyan Resident of village- Inderwan Sakir, PS-
Gopalganj, Distt.- Gopalganj
3. Sahana Khatoon D/o Akram Miyan Resident of village- Inderwan Sakir, PS-
Gopalganj, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Sager Sharma, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard the learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Gopalganj P.S. Case No. 330 of 2024 instituted under Sections 341,
323, 324, 307, 504 and 506/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner nos. 1 and 2
are alleged to have stabbed the victim whereas petitioner no. 3 is
alleged to have assaulted the victim, Taimul Nesa, with a brick.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as alleged in
the FIR and they have falsely been implicated in this case.
5. The learned A.P.P. for the State opposes the prayer
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for anticipatory bail of the petitioners.
6. Considering the fact that the injury caused by the
petitioner no. 3 have been found to be simple in nature and from
perusal of the case diary it appears that investigation is continuing
and the police may submit final form exonerating the petitioners, in
these circumstances, the petitioners are granted anticipatory bail till
submission of charge sheet.
7. Let the petitioners, above-named, in the event of his
arrest, be released forthwith on bail, on furnishing a bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each, to the satisfaction of the Arresting Officer or Investigating
Officer or the jurisdictional S.H.O. concerned, in connection with
Gopalganj P.S. Case No. 330 of 2024 , subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C./482 of the B.N.S.S.
and further to the condition that the petitioners shall join
investigation and shall fully co-operate in the investigation/trial,
failing which the concerned court below shall be at liberty to cancel
the bail bonds of the petitioner.
8. Needless to state that, if the petitioners fails to abide by
the terms and conditions, as stated hereinabove, the State shall be at
liberty to file an appropriate application, before the learned
concerned court below, for cancellation of bail granted to the
petitioner.
9. If the final form/charge sheet is filed and if the
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petitioners are aggrieved by the same then the petitioners have liberty
to file a fresh anticipatory bail application.
(Sandeep Kumar, J)
vashudha/-
U T
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